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Education System During Pandemic:- Online Examination And Results

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Introduction

The spread of COVID-19 has led to the closure of educational institutions around the world. This has posed a challenge to universities’ preparedness for a crisis that will necessitate the use of new technology, such as hardware and software, to facilitate successful online learning. This closure has expedited the development of online learning environments, allowing students to continue their studies without interruption.

 This has posed a challenge to universities’ preparedness for a crisis that will necessitate the use of new technology, such as hardware and software, to facilitate successful online learning. This closure has expedited the development of online learning environments, allowing students to continue their studies without interruption.

Many universities have been looking into the best ways to distribute online course content, engage students, and administer exams. Hence, COVID-19, while being a danger to humanity, has evolved institutions for investing in online learning.

Online learning systems are web-based software for distributing, monitoring, and managing courses over the Internet.2 It entails the use of technological advances to direct, design, and deliver learning content as well as to facilitate two-way communication between students and faculty.3 They include features such as whiteboards, chat rooms, polls, quizzes, discussion forums, and polls that allow students to participate in discussions.

What Are The Views Of Teacher’s On Online Education:-

According to the faculty, online learning made distance learning more manageable and provided students with easy access to teachers and teaching materials. It has also resulted in a reduction in the use of travel resources and other costs. Administrative responsibilities such as lecture recording and attendance assessment were made easier. During the lockdown, both students and teachers agreed that online learning modes had aided student centrality. The pupil had evolved into a self-directed learner who could learn at any time of day.

Teachers and students stated that they were unable to teach and learn practical and clinical work using online learning methods. They could only teach and assess knowledge components. Teachers were unable to measure student understanding during online classes due to a lack of fast response. Students also cited a restricted attention span as a drawback, as well as the resource-intensive nature of online learning. Some teachers also complained that pupils misbehaved and attempted to use online resources during exams while studying online.

Problems In Online Education:-

The availability of the Internet in provincial and rural areas, the speed and cost of the Internet, the availability of electronic devices to access the Internet, and the lack of interaction between students and teachers were among the most prevalent issues related to online education in general. While the lack of application of the clinical context, the unavailability of online knowledge in certain areas, such as veterinary anatomy, the difficulty of delivering practical lessons online, and the loss of touch with the animals were all challenges connected with online veterinary training.

How Online Education Can Be Improved? 

To improve online education in general, it is recommended that platforms for online learning be provided, that students be provided with electronic devices to access the Internet, that Internet speed be improved, that cheaper or even free Internet packages be provided during the pandemic, that teachers be trained, and that student-teacher interaction is improved. Additionally, providing virtual resources to simulate lab work, teaching hands-on lessons using interactive technologies, such as 3D films and animations, and providing accessible e-books and instructional videos for hands-on lessons are all advised to improve online veterinary education.

Recommendations To Improve:-

The following are the students’ proposals for improving online learning:-

  • Universities should provide online learning platforms with simple access to study resources.
  • Provide students with electronic devices, such as computers and tablets, to access the Internet.
  • Provide training to teachers on e-learning tools and IT skills.
  • Improving internet speeds and providing cheaper or even free internet packages during the pandemic.
  • Improve the way of teaching by encouraging students to learn in different methods and attract them to study online.
  • Provide virtual resources to simulate lab work or live streaming directly from the lab.
  • Improve the interaction between students and teachers by assigning different fun activities.
  • Decreasing in the amount of work in the classroom could help in reducing student stress.
  • Provide quizzes and online assignments after each lesson to measure student understanding.
  • Hands-on learning through interactive tools, such as videos and 3D animations, is significantly more effective than text materials such as power points and pdfs, voice recordings should be provided with the lesson text.

Conclusion:-

Teachers and students advocated for the faculty’s continued development. When teaching online, they suggested reducing the cognitive burden and increasing engagement. Case-based learning can be started online, according to those in clinical years. However, other people believe that after the COVID-19 pandemic is under control, revision classes and psychomotor practices on teaching should be implemented. They recommended purchasing premium software and other supervision software to detect cheating and plagiarism in order to increase the quality.

The current study advocates for the adoption of online learning in medical and dentistry schools because of its numerous benefits. E-learning modalities promote student-centered learning and are simple to manage during a lockdown. It’s worth noting that online learning in Pakistan is still in its early stages. It began as “emergency remote learning,” and with more investment, we will be able to overcome any obstacles. Teachers must be taught in the usage of online modes as well as the development of lesson plans that are less cognitively demanding and more interactive.

The present article has been written by Kiran Israni, 3rd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

The present article has been edited by Shubham Yadav, 4th year Law student of Banasthali Vidyapith.

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Article 15: Understanding The Caste Discrimination; In Light Of Dalit Lives Matter

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The caste system is a hierarchical system that divides society into different groups of individuals. According to the Hindu system, these groups are called Varnas. The first or the superior Varna is the Brahmins, who perform rituals at the temple and are considered the most educated and respected. The second Varna is the Kshatriyas, who are warriors. The third Varna is the Vishay’s, who are traders or businessmen. The fourth Varna is the Shudras, who are the working class and are considered very low. Before, there was a fifth group, who were called the ‘untouchables.’ Even though untouchability is removed in society, those individuals are now referred to as Dalits. 

This system of caste has been criticized as the upper caste suppresses the lower caste. To eradicate this issue, the Indian Constitution banned the practice of discrimination based on one’s caste and also provided a reservation system, which reserves a certain number of seats in education and job opportunities for the individuals of the Scheduled Tribes, Scheduled castes, and the OBC’s. 

India has been a country that is very sensitive to topics like caste and religion. Even though laws have been prevailing to eradicate caste discrimination, even now, in the 21st century, case discrimination can be seen in our society. Dalits are still considered low status in society and are not treated well. At times of disasters, Dalits are given no preference in providing safety measures or relief. Dalits also face police brutality, many of which are not even registered according to the National Campaign on Dalit Human Rights (NCDHR). In the current context of COVID-19, Dalits are assigned to cremate the bodies of individuals who died due to the COVID-19. In such situations as well, some individuals from the upper caste refuse to agree to cremate their family member’s body as the rituals are done by a Dalit. These incidents highlight the discrimination that the Dalit face. 

Now, let us look into ‘Dalit Lives Matter’(DLM). The DLM protest was compared to the US protest of Black Lives Matter (which was started after the incident of George Floyd, a black man who died due to police brutality). But unlike racial discrimination, caste discrimination in India is multi-layered. The DLM started in 2020 after the gang rape case of a 19-year-old Dalit girl from the state of UP. The girl was gang-raped by four men and even the police did not take any emergency actions on the same. The girl’s dead body was cremated by the police without the permission of her parents and family, without giving a chance for them to see her before the rituals. This incident shows how caste and gender discrimination and violence still prevails in India. There was various other death that happened over the years, almost all of them left without justice. 

The upper caste is well known for their superior position in society and takes advantage of the same by suppressing the lower caste. But will these Dalits find a way out when they are not educated about their rights, or the ones that try to voice out are being shunned by officials like the police? There are so many cases that happen in rural India that go unregistered and unattended. It is high that the state officials take action against caste discrimination. Nearly a century ago, BR Ambedkar was able to bring in rights for the untouchables because he stood against caste discrimination. Hence, the ruling party or the state officials need to stand against caste discrimination to eradicate such discrimination from society. 

But only movements and protests are also not enough. The Dalit community has been living in the shade for years together now, the injustice that happens to them is something that is normalized that they do not find a way out of this loop. Hence to break this loop, it is important to educate the individuals of the Dalit community on their rights. 

Now, let us apply the principle of Article 15 to this. Article 15 of the Indian Constitution states that the ‘state shall not discriminate any individual based on their religion, place of birth, race, and caste. The state is given such power so that it uses the same for the upliftment of the lower groups of the society and given them an equal place in the society similar to the privileged groups. Hence, this Article can be applied to the current topic of discussion, caste discrimination. This article is an addition to the principle of Article 14, which states that every individual should be treated equally under the law, that is fair and justifiable to all individuals and to remove any kind of discrimination. It gives fair treatment between the equals and unequal. 

These Articles were made under the Constitution because, since the time period of pre-independence, the minority community has been shunned by the upper communities. The State was given the power to make laws to eradicate any such discrimination. Under Article 15, there are Acts like the Scheduled Caste and Scheduled Tribes Prevention Act, 1989, and Caste Disabilities Removal Act, 1850. Anyone who violates the provisions of these Acts can be held liable and given punishment. 

Therefore, these laws should be applied in the matter of Dalit people’s rights and eradicate caste discrimination. New Acts with more strict policies should be initiated by the government that also hold the officials like the police, accountable for their actions on caste discrimination. 

The article has been written by Hiranmayi Rajeev, a 2nd-year law student at Alliance University Bangalore.

The article has been edited by Shubham Yadav, a 4th-year law student at Banasthali Vidyapith, Jaipur.

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United Nations Commission On International Trade Law On Dispute Resolution

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United Nations Commission On International Trade Law: History

UNCITRAL which in full stands for United Nations Commission on International Trade Law is a body established by the United Nations Assembly on the 17th December 1966.  The UNCITRAL headquarters are in Vienna (Austria). The purpose of the abovementioned commission is to promote the progressive harmonization and unification of international trade law governed by conventions and other instruments. That is, in a case where there is a dispute in relation to the international sale of goods, there are rules and laws enacted by the said commission which tend to resolve any arising dispute between contracting states. This is made possible by passing of instruments such as conventions and models laws that govern the formation of international sale of goods.

Members/Structure Of The Commission

The Commission is composed of sixty members. The discretion to select the member states lies within the United Nations General Assembly. The membership takes the duration of a maximum of six years with the membership expiring every three years. The membership ensures representation of the world’s geographic regions and principal economic and legal systems. There are 14 member states from Africa, 14 from the Asia-Pacific region, 10 from Latin-America and the Caribbean, 8 from the Eastern Europe and 14 from Western Europe and Others.

How The Commission Functions

The commission works in 6 UN languages, namely; Arabic, Chinese, English, French, Russian and Spanish. The decisions made by the Commission are made on a consensual basis. That is, for a decision to be passed by it, there has to be consent made by the participants on the seating. The participants include member states, observer state and non- and inter-governmental organizations.

The participants have a mandate to finalize and or adopt the drafts referred to by the working groups of the commission. The working groups are divided into six with each having its own obligations. The first working group focuses on micro, small and medium sized enterprises. Secondly there is a working group whose mandate is to settle disputes. There is also an ISDS Reform working group. The fourth working group is based on electronic commerce. The fifth working group works on insolvency law and the last one on security interests respectively.

UNCITRAL On Dispute Settlement

Amongst its mandates, the UNCITRAL is established with the purpose of settling disputes that arise between states during trade. The commission adopts arbitration and conciliation as a method of its dispute resolution. This commission has enacted laws that govern international trade thus providing statutes that are referred to when disputes arise between trading states. These statutes are:

  1. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention passed in 1958. According to the objectives stated in the Convention, the legislators recognize the growing importance of international arbitration as a means of settling international commercial disputes. This is made possible by the fact that it seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral awards.
  2. UNCITRAL Arbitration Rules enacted in 1976: according to Article 1 of the rules, the rules apply where parties in a trade agreement consent to the application of such rules in a case of a dispute. The rules govern the arbitration process to be followed when there is an arbitral proceeding between parties.
  3.  UNCITRAL Conciliation Rules which has been in force since 1980: It provides a comprehensive set of procedural rules upon which parties may agree for the conduct of the arbitral proceedings arising out of their commercial relationship.  They cover all aspects of the conciliation process, providing a model conciliation clause, defining when conciliation is deemed to have commenced and terminated and addressing procedural aspects relating to the appointment and the role of conciliators and the general conduct of proceedings.
  4. UNCITRAL Model Law on International Commercial Arbitration (1958):  this set of laws assist contracting states reform and modernize their laws or agreements on arbitral procedure such that they take into consideration the particular features and needs of international commercial arbitration. 
  5. UNCITRAL NOTES ON ORGANISING ARBITRAL PROCEEDINGS: this aims at assisting arbitration practitioners with the issues associated with the arbitral proceedings. The notes provide a guide for practitioners providing for amongst others; confidentiality, transparency, documentary evidence and the seat of arbitration.
  6. UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL CONCILIATION (2002): This is designed with the aim of helping states in reforming and modernizing their laws on mediation procedure.
  7. RECOMMENDATIONS TO ASSIST ARBITRAL INSTITUTIONS AND OTHER INTERESTED BODIES WITH REGARD TO ARBITRATION (2012)
  8. UNCITRAL RULES ON TRANSPARENCY IN TREATY-BASED INVESTOR STATE-ARBITRATION (2013)

Although the list of the enacted legislations to solve arising disputes between contracting parties is not exhaustive, the common aim or objectives of the instruments is to provide guidelines, laws, rules and regulations  that govern such an agreement. The said parties agree that they will be governed by UNCITRAL for the instruments to apply. 

The article is written by Pulane Kholoanyane from the National University of Lesotho.

The article is edited by Shubham Yadav, pursuing B.com LL.B. (4th Year) from Banasthali Vidyapith.

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“Protective Discrimination” A Boon Or Bane for Eternity?

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Introduction:

Considering the history of racial and caste discrimination in the world, the two most prominent names pop in our minds, i.e., United States and India. Unfortunately, India leads ahead of the US in this particular issue. To abolish such discrimination, the government of India, since its independence has been putting efforts through protective discrimination for the welfare of the languishing units of society. 

Since the inception of the Constitution of India, certain provisions have been primarily enshrined under Part III (Fundamental Rights) and Part IV (Fundamental Duties) for empowering the concept of protective discrimination to fill the societal voids. 

Protective discrimination has been adopted as a tool for granting special privileges to the downtrodden and the underprivileged sections of society. These are the affirmative action programs, and also known as positive discrimination. The term “protective discrimination” implies that a certain right or privilege is provided to those who have been oppressed and discriminated against for ages. Discrimination against discrimination is based on the widely known quote “iron cuts iron”.  There’s no ambiguity as history conveys that one type of discrimination is curative and protective in nature whereas the other type is negative and destructive. The society’s most susceptible section includes-

  • Scheduled Caste
  • Scheduled Tribe
  • Women
  • Children
  • Old age people
  • Transgender

Origin:

The first instance of appreciating the need for such discrimination in Indian history, in favor of the underprivileged, could be seen during the Nationalist Movement. Mahatma Gandhi, a devout Hindu and a staunch believer in the caste system was himself the first leader to recognize the significance of this subject and to invoke the sense of right and wrong of the higher castes to this age-old social malady of relegating whole communities and labeling them as “untouchables”. He renamed these untouchables as “Harijans” (people of God). He strived to provide this policy a religious sanction. He was well aware of the political motive of inaugurating this large body of people into the political mainstream to make the freedom movement more broad-based. 

The Indian Constitution largely followed the pattern of the Government of India Act, 1935, and made provisions for positive discrimination in favor of the Scheduled Castes and Scheduled Tribes (SCs & STs) which constituted approximately 23% of the divided Indian population. Besides reservation in parliamentary seats for them, they were also given advantages through jobs in the public sector, admission in schools and colleges, various pecuniary benefits for their overall development, and so on. Besides assuring the fundamental right of equality of all citizens before the law, the Constitution of India categorically laid down that “nothing in the constitution shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or the SCs and STs”.

Statutory Provisions:

The following articles of the Constitution of India provide laws in favor of the concept of positive discrimination:

  • Art. 15(5): The aforementioned sub-section was enunciated by the 93rd Constitution Amendment Act, 2006. It provides that nothing in Art. 15 or in sub-clause (g) of Art. 19 shall prevent the State from making any special provision, through regulation, for the advancement of any socially and educationally backward classes of citizens or SC and ST. Such unique provisions relating to admission to an educational institution and are inclusive of non-public educational establishments, whether aided or not by using the state, other than the minority educational establishments referred to in clause (1) of Art. 30
  • Art. 30(1): All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • Art. 16(4): The aforementioned article authorizes the State to make provisions for the reservation of posts in government jobs and training in favor of any backward class, which, in the opinion of the State , is not always adequately represented within the State’s services.
  • Art. 16(4-A): The said article was introduced through the 77th Amendment, enabling the State to make any reservation provision in matters of promotions for SC and ST, which, in the State’s opinion, are not competently represented within the State’s services.
  • Art. 330- Said article permits reservation of certain seats in the autonomous district of Assam for the SC and ST.
  • Art. 332- The aforesaid article provides the reservation of seats for the SC and ST in legislative assemblies of all the states except the scheduled tribes that are within the autonomous district of Assam.

Current Scenario:

The issue of reservation has been an all-time favorite issue in India. However, a PIL has been filed recently in the Hon’ble Supreme Court of India by an advocate who is also an MBBS doctor. The petitioner has posed the following questions before the apex court:

  • Are caste-based reservations in education for eternity in this country or is there a time beyond which they would be rolled back or at least to start rollback?
  • Isn’t there any other affirmative action than to provide reservations in education like giving the weaker sections special education, coaching, financial aid, etc. to enable them to compete in the open?
  • Shouldn’t we empower the weaker sections by making them more competitive rather than depowering them by eternal crutches of reservation?
  • Would eternal reservations in education not divide and fracture the society permanently, promote inequality, and ignite hatred, ill-will, and resentment not only against the reserved class but also against the system?
  • Being the protector of fundamental rights, is it not the bounden duty of the Supreme Court under Art. 14, to put a halt to the reserve discrimination being met to the unreserved class by the eternal reservations?

As of now, a division bench of Justice Nageshwara Rao and Justice Hemant Gupta on June 28th had adjourned the plea for a week, after a letter seeking adjournment was circulated by the petitioner in person.

Petitioner failed to acknowledge that the communities which have been treated as slaves in our history for ages can’t be revived in a snap. The damage done in centuries cannot be restored in a few decades. The objective of reservation seems nowhere near as instances of atrocities and societal exclusion of a person belonging to a lower caste in the society are not unfamiliar yet. A few from weaker sections might have grown financially strong with independence but people often, relying on half information, tend to hate the element of reservation, and fail to appreciate that our constitution provides reservation to those sections of society who are “socially” and “educationally” backward. The ground reality is itself illustrated by the petitioner’s second issue that the weaker sections still need affirmative actions for enabling them to compete naturally. Even after 74 years of independence and reservation provisions, there’s a long way ahead to achieve a non- discriminate nation for global development.

However, my conscience tends to partially agree with the petitioner here. Reservation in jobs, educational institutions, etc. cannot go till eternity. It will divide and fracture society if followed for an indefinite period. As excess of anything causes harm. Therefore, for eradicating both discrimination and reservation, all of us primarily need to end discrimination from our minds and help society to grow unitedly thereby leading to no requirement of reservation.

Conclusion:

Competition must be fair by all means and all the competitors must be treated equally, but only if they come from a similar social and educational background. A country must aim to progress within itself before competing in the world and that is exactly what our constitution aims to do. Coronavirus sees no caste and creed before attacking and has been haunting the whole world for the last one-n-half year. All it needs for its development are human beings, though ill. Similarly, we too need to unearth these fallacies as soon as possible for the overall development of our nation. Appropriate actions must be taken for a steady improvement. Lastly, protective discrimination is a boon, but a bane if followed till eternity.

The article has been written by Shikha Sagar, a third-year BA LLB student of Vivekananda Institute of Professional Studies, Delhi.

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Analytical Positivism

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INTRODUCTION

Jurisprudence is defined as the science or philosophy of law. The origin of this term can be traced back to a Latin term, ‘Jurisprudential,’ translated to the ‘study, knowledge or science of law.’ There are five primary schools of thought in jurisprudence. They are:

  • Philosophical School.
  • Historical School.
  • Realist School.
  • Sociological School.
  • Analytical School.

This article attempts to explain the analytical positivism of the analytical school of thought. The analytical school of thought is also known as the positivist law or the positive school. This is mainly because the proponents of this theory focused on what the law is rather than what it should be. For example, if there is a law that punishes anyone murdering with a death sentence, then according to the positivist law, people must follow this rule without questioning if anyone should be given a death sentence. Analytical positivism calls for consideration of empirical facts, rejecting any moral or value-based theories.   

ORIGIN

Through the 18th century, the natural law theory was more prominent in practice. According to the natural law theory, there are some laws common to all societies irrespective of their cultural or ethnic backgrounds. Natural law theory is based on the premise of the human conscience of what is good and what is evil. Anything morally wrong is considered to conflict with the law according to this theory. It was only around the beginning of the 19th century when the positivist school of thought emerged, rejecting the unclear assumptions of the natural law school. 

As proposed by Jeremy Bentham and John Austin, the theory of utility and analytical positivism contributes majorly to the analytical school of thought. Analytical positivism also found support in the works or ideas of philosophers like Salmond, Hart, and Holland. Auguste Comte, a French thinker, was the first one to coin the term positivism. The term ‘positivism’ has five meanings:

  1. Law commands.
  2.  Legal concept analysis differs from social and historical investigations and critical evaluation.
  3. Decisions can be made based on predetermined guidelines.
  4. Moral judgments cannot be accepted or defended by rational arguments.
  5. Law, as it is, must be kept separate from the law that ought to be.

JEREMY BENTHAM’S CONTRIBUTION

In England, Jeremy Bentham became the flag-bearer of a new era of history in legal thought. His theories on positivism later led to the establishment of a new school of thought (Analytical School of thought). Around the late 18th century, the law that existed in England was mainly developed through customs. The then prevailing English legal system lacked organization. At this point, Bentham, with his robust positivist approach, gave a new direction for legal research and lawmaking. His ideas laid the building blocks for a phase of transformation from Blackstone’s Natural Law Theory to the Analytical School of thought.

In Bentham’s belief, every law must be considered concerning eight aspects, namely:

  1. The source of the law
  2. The subject of the law could be either persons or things.
  3. The object for the enactment of the law.
  4. The extent of the applicability of the law
  5. The aspect of the law, i.e., whether it is directive or sanctioned.
  6. Force
  7. Expression and
  8. Remedial State Appendages

This was a first-of-its-kind proposition and further laid the foundations of a new approach. Bentham’s theory might have some shortcomings, but no one can deny his importance in shaping the positivist approach of the Modern English law and laying the bedrock for the emergence of new schools of thought, the Analytical school being one of the most important of them. Needless to say, John Austin also owed much to Jeremy Bentham for his works on Analytical Positivism.

JOHN AUSTIN’S CONTRIBUTION

English legal theorist John Austin has extensively used the analytical method in his works, and hence the analytical school founded by him became famous with different names like positivism or analytical-positivism. For his significant contribution in this field, he came to be known as the father of the analytical school of thought (the law of positivism). Austin believed the law to be the command of the sovereign (imperative concept of law), imposed by politically superior to politically inferior. Austin was the first one who had set out to differentiate between positive law and positive morality through his works. A positive morality, according to him, is a law by analogy and hence not an appropriate subject matter to be discussed under jurisprudence. In his theory, Austin did not include laws of inanimate objects or improper laws. 

He had a firm idea of law being rules set by men for men. He divided law into two parts:

  1. Human law
  2. Laws of God

Human law can be further divided into two kinds:

  1. Positive law – Laws set by persons acting as political superiors in pursuance of legal rights. (According to Austin, positive law was the proper subject matter to be dealt with under jurisprudence.)
  2. Other laws – Several rules or opinions which have moral and sentimental undertones. (International law is classified under this category by John Austin.)

Austin’s theory was clear, simple, and consistent in regards to what it wanted to explain.

This made his proposed school of thought quite famous, and many other jurists and schools of thought have followed after it. However, many theorists have later classified John Austin’s school as the Imperative school. This is because positivism is a term that failed to define the idea of Austin’s school single-handedly. Similarly, the word ‘analysis’ was not confined to this school and hence could create confusion.

Austin is given the credits for opening a new era of approach to law. Even the flaws of his theory paved the way for new ideas to follow. Later many jurists and philosophers such as Salmond and Gray took inspiration from his thoughts and improved upon his approach.

CONCLUSION

In conclusion, we can say, the analytical school of jurisprudence believes that the most significant feature of the law is its relationship to the state. As a result, the school is also known as the obligatory school. In the United States, prominent jurists like Gray, Hohfeld, and Kocourek supported the school, as did Kelson, Korkunov, and others in the Continent. Analytical Jurisprudence is a methodological approach to law that views law as a collection of actual interlinked principles rather than a random collection of rules intrinsically linked to the transcendental Law of Nature. It aims to describe, classify, identify the key characteristics, and establish a yardstick by which all laws may be judged.

The article has been written by Debasmita Nandi, a first-year law student of Christ (Deemed to be) University Lavasa.

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Bhopal Gas Tragedy

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INTRODUCTION


Bhopal is famous for its historical records, lakes, and green plants, but more importantly, the city is famous for the worst industrial accidents in the world. At midnight on December 3, 1984, the poison gas that leaked from the Union Carbide plant in Bhopal, the capital of Madhya Pradesh, directly caused thousands of deaths. This event is now called the Bhopal Disaster or the Bhopal Gas Tragedy. According to official records, the Bhopal gas accident caused 3,787 deaths. The Madhya Pradesh government updated these figures later, as officials immediately estimated 2,259 deaths due to gas leaks from the Union Carbide plant. However, activists fighting for justice for the victims of the Bhopal gas tragedy estimate the death toll at between 8,000 and 10,000. In an affidavit filed in 2006, the government stated that 5,58,125 people were injured by the Bhopal gas leak, of whom about 3,900 were seriously and permanently disabled.


HOW IT HAPPENED?


The gas leak at Union Carbide (now known as The Dow Chemical Company) was reported after midnight on December 2-3. The incident occurred at Plant C of the Bhopal Union Carbide Plant. The breeze quickened the pace and carried poisonous gas leaked from the Union Carbide factory to other parts of the city, killing people awake and asleep. According to the government affidavit, some 3,000 people died from the poison gas within hours of the incident. It is estimated that approximately 40 tons of methyl isocyanate gas (MIC) and other chemicals leaked from the Union Carbide plant. Methyl isocyanate is highly toxic, if its concentration in the air reaches 21 ppm (parts per million), it will cause death within a few minutes of inhaling the gas. In Bhopal, this level is several times higher.


IMMEDIATE EFFECTS OF TRAGEDY


Methyl Isocyanate is highly toxic. The American Conference of Government Industrial Hygienists stated that the level up to which a worker could be exposed to MIC without any harmful effects is 0.02ppm. As soon as the level is 0.4ppm it is toxic by inhalation, or by ingestion. At 5ppm, most people cannot detect it but because of symptoms, they get a warning. 

The symptoms of exposure include:

Chest pain

Irritation in the eyes

Breathing problem

Irritation in the nose and throat

Burning of skin 

Coughing

Therefore, storing methyl isocyanate requires proper care and caution, and especially when it comes to water extra precautions must be taken. Methyl Isocyanate is very sensitive to water. It can be stored in glass or stainless steel, and the temperature should be below 40-degree Celsius or 104-degree Fahrenheit.



COMPENSATION FOR TRAGEDY

After the accident, many people filed cases for the victims, and there were problems with their claims. Many people, especially low-income earners, we’re unable to fight for a long time. These cases were filed against UCC in Bhopal and the United States. He also tried to resolve the matter out of court but was unsuccessful. After some time, the Indian Parliament passed the Bhopal Natural Gas Spill Disaster (Claim Processing) Act in 1985. According to section 3 of the Act, the Indian government has the right to bring cases on behalf of all citizens with rights and Claim compensation for them. The government introduced the “1985 Bhopal Gas Spill (Claims Recording and Processing) Plan” by Section 9 of the Act. The Indian government filed a lawsuit against UCC in the United States District Court of New York. However, UCC argues that it is inconvenient to file a suit in a US court. They argued based on an inconvenient venue (meaning that when the parties have a more convenient venue, the court may deny jurisdiction). UCC said that since the accident happened in Bhopal, all the evidence is there, so it is more convenient to try in the Indian courts. Keenon J. subsequently accepted UCC’s plea and filed a new case with the Bhopal District Court. The district court ordered UCC to pay the victims 350 million rupees. UCC subsequently appealed to the Madhya Pradesh High Court against the decision of the Bhopal District Court. This resulted in the reduction of “temporary compensation” from 3.5 billion rupees to 2.5 billion rupees. At the same time, UCC tried to resolve the matter directly with the gas victims outside the court. However, Deo J. of the M.W. Bhopal District Court ordered UCC not to make any arrangements with any victims until the court issued a new order. Finally, after the spread of the absolute liability rule, the court held that UCC was responsible for the Bhopal tragedy. Although it is suspected that the Indian judiciary cannot handle this situation. They believed that under strict liability rules, violators would shirk liability, but this did not happen. The Indian judiciary provides justice to the victims. From February 14-15, 1989, the Supreme Court ordered UCC to pay victims $ 470 million (Rs. 75 billion).


CONCEPT OF ABSOLUTE LIABILITY


Absolute liability means that the defendant must bear liability without any exception of getting excused from the liability. Normally, a person will be held accountable only if he has criminal intent (criminal mentality), but in the case of absolute liability, even if a person has no intention of committing a crime, he may be held accountable. The principle of absolute liability is similar to strict liability. In a strict liability case, a person carries dangerous items with him, knowing that even the smallest mistake can cause the item to be released and cause human death. Therefore, even if you have taken proper care and precautions, but things escaped and resulted in death, you can still be held liable under strict liability. There is only one difference between the principle of strict and absolute liability. On the one hand, under strict liability, one can choose to avoid the resulting liability, but on the other hand, under absolute liability, one has no such choice.



CONCLUSION


No matter how many years have passed, the aftermath of the Bhopal tragedy is still visible today. Even after the UCC is held accountable, the loss of those who have lost their lives and those who still suffer cannot be measured. While governments need to promote globalization, they must ensure that there are no risks involved. In addition, the best way to implement the enacted laws is also a necessity now, because nothing is more important than the lives of people.

The article has been written by Aanya Gupta pursuing BBA LL.B. from Vips, GGSIPU, New Delhi.

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